Terms of Service

This page explains our terms of service, which contains important information about your legal rights. When you use Pixery, you’re agreeing to these terms. To help make them easier to understand, we’ve also included annotations in these gray boxes. The annotations aren't part of the official terms, but are intended to clarify key sections and help you follow the text.

Welcome to Pixery’s Terms of Service!

These Terms of Service("Terms") cover your use of and access to the sites, templates, products, applications, tools and features(collectively, the"Services") provided by Pixery, Inc.(together with its officers, directors, employees, agents, subsidiaries and affiliates,“Pixery”). Our Privacy Policy explains what personal information we collect and how it’s used and shared, and our Acceptable Use Policy outlines some of your responsibilities when using the Services. Any mention of“Pixery” is a subsidiary of Pixery, Inc.

By using or accessing the Services, you're agreeing to these Terms, our Privacy Policy and our Acceptable Use Policy(collectively, this“Agreement”). If you're using the Services for an organization, you're agreeing to this Agreement on behalf of that organization, and represent and warrant that you can do so. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

Creating an Account

Make sure your account information is accurate, and you keep your account safe. You’re responsible for your account and any activity on it. Also, you need to be at least 13 years old to use Pixery.

Signing Up

To use the Services, you must first create an account(“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.

Staying Safe

Please safeguard your Account and make sure others don't have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You're solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.

Thirteen And Older.

The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you're at least 13. Also, if you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf(depending on where you live).”

Follow The Law.

You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations and sanctions.

Share Responsibly.

The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via the Services.

Important Things We Can Do.

We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you(except where prohibited by law):(a) we may change the Services and their functionality;(b) we may restrict access to or use of parts or all of the Services;(c) we may suspend or discontinue parts or all of the Services;(d) we may terminate, suspend or restrict your access to or use of parts or all of the Services;(e) we may terminate, suspend or restrict access to your Account or Your Sites; and(f) we may change our eligibility criteria to use the Services(and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

Pixery Terms of Service

Pixery’s service(the“Pixery Service”) is located at pixery.co and is operated by Pixery, Inc. and its subsidiaries and affiliates(collectively,“Pixery”) provides its services to you under the Terms of Service and Privacy Policy on our Website. From time to time, Pixery may change these Terms of Service without giving you notice. The Pixery Service provides sellers with the ability to create, upload and sell custom apparel and merchandise and buyers to find and purchase them.

We offer the Pixery Service subject to the following Terms of Service, specifically including Pixery’s Privacy Policy and Acceptable Use Policy. If you do not agree to these Terms of Service, you are not authorized to use the Pixery Service. To note, these Terms of Service apply to all of our products and services. If we include some additional terms for tools you can download from the Service or other services, those provisions are incorporated into these Terms of Service.

Use of the Pixery Service

Registration:If you choose to register on Pixery, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Pixery of any unauthorized use of your password or account or any other breach of security.

Social Networking Services: You may enable certain components of the Service or log in to the Service via certain third party social networking services, such as Facebook(“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Pixery Service, we make your online tools and experiences richer and more powerful and personalized. To take advantage of these features and capabilities, we may ask you to authenticate, register for or log into those Social Networking Services. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

Please remember that Pixery has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. Pixery also has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. Pixery does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through the Pixery Service. Pixery enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Promotions: Any contests, sweepstakes, surveys, games or similar promotions(collectively,“Promotions”) made available through the Pixery Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.

Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Pixery Service only with the approval of your parent or guardian.

Applicable Laws: In connection with your use of the Pixery Service, you will comply with all applicable laws, regulations and industry standards.

General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by Pixery in connection with your use of the Pixery Service. Pixery may establish general practices and limits concerning use of the Pixery Service. Pixery reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.

Sellers: Creation and Implementation of Pixery Campaigns

The Pixery Service allows sellers to create campaigns and sell custom merchandise and apparel through those campaigns. Following are specific obligations concerning the initiation of any campaign. To the extent any campaign violates these Terms of Service, we may choose to terminate, delay or modify the campaign in our discretion. For additional information about the Pixery Service, please refer to Pixery’s Frequently Asked Questions portal.

Your Right to Conduct a Campaign: By creating a campaign through the Pixery Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and conduct the campaign(“Campaign Rights”), including any rights relating to the name, description, images, text or URL used for the campaign. You will provide Pixery with evidence of your Campaign Rights upon request.

Pixery does not claim any ownership rights in the content you upload to the Pixery Service. Please be sure you maintain copies of all of your work. Pixery has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Pixery Service.

Pixery retains all ownership rights in any designs created by Pixery designers and may not be used by you, other than in connection with your campaigns on the Pixery Service, without Pixery’s express written consent.

For the purpose of implementing and fulfilling your campaign and for the purpose of advertising the Pixery Service in any medium Pixery chooses, you hereby grant Pixery a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Campaign Rights to copy, display, distribute, modify the content you upload to the Pixery Service(including all related images, text, content and information).

Please note: we do not screen all the designs that make it over to our website. It is both the buyer and seller’s responsibility to flag any inappropriate content that may be harmful for the community.

Acceptable Use; Indemnity: Your use of the Pixery Service, including the creation and implementation of product campaigns, is subject to these Terms of Service(including our Acceptable Use Policy). To the extent any campaign violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that Pixery has the right to withhold and redirect any funds collected relating to the campaign, which funds will be disbursed based on Pixery’s internal policies(for example, Pixery may give the funds to a charity where a campaign falsely states it is raising funds for that charity, or Pixery may apply such funds to any judgment or settlement, and/or the reimbursement of Pixery’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with Pixery in such activities. Without limiting the foregoing, you also agree to indemnify and hold Pixery harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.

Quality of Artwork and Promotions: Each campaign must meet reasonable production standards(e.g. a campaign may not include a low quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the Pixery Service, must be accurate and correct and must not include any content concerning non-Pixery activities, events, products, services or promotions.

Proceeds from Campaign: If you create a campaign through the Pixery Service, you will be given a“base price” from Pixery for each product. You will also have the opportunity to set the sale price for each product. Once your campaign is launched and products are sold, you will earn the difference between the base price and your sale price, less returns. You may request payout through your dashboard at any time. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the Pixery Service. Prior to receiving your payout, you may be required to provide additional information to Pixery as needed by Pixery to comply with its reporting obligations.

Partnership Disputes: If you work with other people on your campaign, and there is a dispute between you and your partners, even though Pixery receives notice of the dispute, Pixery is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, Pixery may withhold payouts until the dispute is resolved, in Pixery’s sole discretion.

Charities/Fundraising: You represent and warrant that any campaign you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your campaign description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.

Pixery Right to Lower Sales Goal: You will be able to set the“sales goal” for each campaign. You agree that Pixery may, in its sole discretion, begin to fulfill orders before your sales goal is met.

Intellectual Property Complaints

Pixery takes any allegations of infringement seriously. If Pixery receives any complaint or allegation that your campaign or any resulting merchandise constitutes an unauthorized use of a third party’s rights, you understand that Pixery may terminate or delay your campaign, in its sole discretion. In addition, you understand that Pixery may release your contact information to any third party that satisfactorily alleges a violation of its rights.

Pixery will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Pixery user has infringed upon your rights, please notify Pixery through our Intellectual Property Claim page. You may also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.

You must include with your notification the following information.

A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;

The URL to the Pixery campaign(s) used in connection with the sale of the allegedly infringing merchandise; Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership(such as copies of subsisting trademark or copyright registrations); Your full name, address, telephone number(s) and email address(es);

A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law; and A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

Repeat Infringer Policy: Pixery has adopted a policy of terminating, in appropriate circumstances and at Pixery's sole discretion, users who are deemed to be repeat infringers. Pixery may also at its sole discretion limit access to the Pixery Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.

Buyers: Purchasing of Merchandise

Payment: If you purchase any merchandise through the Pixery Service, you will be required to provide Pixery information regarding your credit card or other payment instrument. You represent and warrant to Pixery that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.

Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.

Pixery's Proprietary Rights

Service Content, Software and Trademarks: You are only authorized to use the Pixery Service for the purpose of engaging in business transactions with Pixery. You may not use any automated technology to scrape, mine or gather any information from the Pixery Service or otherwise access the pages of the Pixery Service for any unauthorized purpose. If you are blocked by Pixery from accessing the Pixery Service(including by blocking your IP address), you agree not to implement any measures to circumvent such blocking(e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the Pixery Service or distributed in connection therewith are the property of Pixery, our affiliates and our partners(the“Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

The Pixery Service may contain images, artwork, fonts and other content or features(“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Pixery, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the Pixery Service or the Service Content, in whole or in part. Any use of the Pixery Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Pixery.

The Pixery name and logos are trademarks and service marks of Pixery(collectively the“Pixery Trademarks”). Other company, product and service names and logos used and displayed via the Pixery Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pixery. Nothing in these Terms of Service or the Pixery Service should be construed as granting any license or right to use any of Pixery Trademarks displayed on the Pixery Service, without our prior written permission in each instance. All goodwill generated from the use of Pixery Trademarks will inure to Pixery’s exclusive benefit.

Third Party Material: Under no circumstances will Pixery be liable in any way for any content or materials of any third parties(including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.

Pixery may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:(a) comply with legal process, applicable laws or government requests;(b) enforce these Terms of Service;(c) respond to claims that any content violates the rights of third parties; or(d) protect the rights, property, or personal safety of Pixery, its users or the public.

Third Party Websites

The Pixery Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Pixery has no control over such sites and resources and Pixery is not responsible for and does not endorse such sites and resources. Pixery will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Pixery Service are between you and the third party, and you agree that Pixery is not liable for any loss or claim that you may have against any such third party.

Disclaimer of Warranties

YOUR USE OF THE Pixery SERVICE IS AT YOUR SOLE RISK. THE Pixery SERVICE IS PROVIDED ON AN“AS IS” AND“AS AVAILABLE” BASIS. WITHOUT LIMITING A BUYER’S RIGHT TO RETURN MERCHANDISE AND OBTAIN A REFUND TO THE EXTENT DESCRIBED IN OUR RETURN POLICY, Pixery EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

PIXERY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES(EVEN IF PIXERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:(I) THE USE OR THE INABILITY TO USE THE SERVICE;(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR(IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL PIXERY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PIXERY OR PIXERY HAS PAID YOU IN THE LAST SIX(6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Termination

Pixery, in its sole discretion, may suspend or terminate your account(or any part thereof) or use of the Pixery Service and remove and discard any content within the Pixery Service, for any reason. Further, you agree that Pixery will not be liable to you or any third party for any termination of your access to the Pixery Service.

Relationship

Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit Pixery in any way and will not attempt to do so or imply that you have the right to do so.

Governing Law

For users located in the European Union: These Terms of Service will be governed by the laws of the United Kingdom, without regard to its conflict of law provisions. With respect to any disputes, you and Pixery agree to submit to the personal and exclusive jurisdiction of the courts located in London, England. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

For all other users: These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and Pixery agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles, California. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.

General

These Terms of Service constitute the entire agreement between you and Pixery and govern your use of the Pixery Service, superseding any prior agreements between you and Pixery with respect to the Pixery Service. The failure of Pixery to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Pixery, but Pixery may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Pixery may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Pixery Service.

Notice for Users in California

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at(916) 445-1254 or(800) 952-5210.

Questions? Concerns? Suggestions?

Please contact us at hq@pixery.co with any questions regarding these Terms of Service or the Pixery Service.

Last Revised September 10th, 2016

Privacy Policy / Stripe Connected Account Agreement

Pixery will never rent or sell your personal information to any third party for marketing purposes.

By using this online website, mobile website, application, digital service, or any products, services, sites, features or functionality associated with Pixery, and its subsidiaries/affiliates Pixery, Inc.(each a"Service, collectively the"Services"), you consent to the collection, use, processing, and sharing of your information as described in this Pixery Privacy Policy("Privacy Policy").

The types of information we collect from you to access the Pixery Service include obtaining your username, storefront name, and email address. Other information may include your contact details, billing, billing address, pay information, tax status, and shipping address to process your order.

Your payments are handled over an encrypted connection or via a secure third party processor. Access to personal information on our databases is restricted to authorized staff. As appropriate, we require our service providers with access to personal information to sign agreements that require them to take steps to protect the information.

Our website and services are not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact us.

The site may contain features or links to websites and services provided by third parties, such as social media networks. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through our site. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the site. We encourage you to learn about the third parties’ privacy and security policies before providing them with information.

If you are under 13 but want to become a Pixery Creator, talk to your parent and have them sign up for an account.

Stripe Connected Account Agreement

This Stripe Connected Account Agreement is a legal agreement(“Connected Account Agreement”) between you, the person or legal entity(including sole proprietors) that you identified to Stripe on the registration page or provided to a Connect Platform(“Connected Account” or“you”) and Stripe(“Stripe”). Your use of the Services is subject to your acceptance of the terms and conditions of this Connected Account Agreement. Your continued use of the Services represents your express consent to the terms and conditions contained in this Connected Account Agreement, including the Stripe Services Agreement(“Stripe Services Agreement”), and updates or modifications that may be made occasionally by Stripe. The Stripe Services Agreement may also incorporate separate agreements with financial services providers(each a“Financial Services Provider”).

This Connected Account Agreement governs your use of Stripe Connect and management of your Connected Account by Connect Platforms. This management includes use and administration of data about you or your transactions provided to Stripe(“Data”) and initiating Activity. As used in this Connected Account Agreement, any action submitted using the Stripe Connect API on behalf of a Connected Account is referred to as“Activity,” which includes initiating charges or Refunds, handling Chargebacks or disputes, and other functions available through Stripe Connect.

You represent to Stripe that all of the information that you provide to us directly or through the Connect Platform is accurate and complete, and that you are authorized to agree to this Connected Account Agreement on behalf of the Connected Account. You agree to the terms and conditions provided in this Connected Account Agreement and to the Stripe Services Agreement, and understand that your use of the Services and Stripe Connect are subject to your acceptance of these terms and conditions.

1. Relationship to Other Agreements

By using Stripe Connect, including the Services, you expressly agree to abide by the terms and conditions of this Connected Account Agreement, the Stripe Services Agreement, and to any updates or modifications to either of those documents that may occasionally be made by Stripe. The Stripe Services Agreement is incorporated into this Connected Account Agreement by reference as it relates to your use of the Services. This Connected Account Agreement contains additional terms and conditions relating to your use of the features of Stripe Connect made available to Connected Accounts. To the extent that there is a conflict between the Stripe Services Agreement and this Connected Account Agreement related to your use of Stripe Connect, this Connected Account Agreement will prevail. Nothing in this Connected Account Agreement alters the terms and conditions of agreements between you and Financial Services Providers. Any capitalized terms that are used but not defined in this Connected Account Agreement are defined in the Stripe Services Agreement.

2. Stripe Connect— Your Connected Account

Stripe Connect allows Connect Platforms to help you integrate Services into your site or application, and manage your Connected Account. When you sell your goods or services, or receive bona fide charitable donations through a Connect Platform that uses the Services, the Connect Platform may agree to perform obligations on your behalf, such as web development or hosting services, customer service, processing of refunds, handling consumer complaints, or other Activity. The specific things that a Connect Platform is agreeing to do for you, if any, are determined by your agreement with that Connect Platform. Stripe is not a Connect Platform, and only provides the Services described in this Connected Account Agreement and the Stripe Services Agreement. You do, however, appoint Stripe as one of your payments agents for the limited purposes of directing, receiving, holding and settling payment card proceeds to you, and you agree that Stripe’s receipt of payment processing proceeds satisfies your customers’ obligations to make payment to you.

Through Stripe Connect, you can delegate the creation and management of portions of your Connected Account to a Connect Platform. You consent to Stripe’s disclosure of Data(which may include your name and address, and information regarding the transactions that you process through the Services) to the Connect Platform, Financial Services Providers, and our service providers to facilitate the provision of Services to you through Stripe Connect. You also consent to Stripe’s use of information provided to Stripe or collected by us as part of providing the Services for our internal analyses and fraud monitoring. For more information regarding Stripe’s use of your data, please review Stripe’s Privacy Policy.

3. Your Obligations

You agree to comply with all applicable laws or regulations, payment network rules(including the Network Rules), agreements with third parties that are binding on you, and this Connected Account Agreement(including the Stripe Services Agreement) when using Services. You are solely responsible for, and Stripe disclaims all liability for, the provision of any goods or services sold to your customers or users as part of your use of Services, and any obligations you may owe to your customers or users. While you may agree to share some liability with the Connect Platform, you are financially liable to Stripe for Disputes, Chargebacks, Refunds, and any fines that arise from your use of the Services. These obligations are described in more detail in Section C of the Stripe Services Agreement.

Depending on the Connect Platform, you may have access to directly manage your Connected Account through the Stripe dashboard. If such access is made available to you, you are responsible for all actions taken on your Connected Account through the Stripe dashboard, including the initiation of Refunds or changing of depository bank information. Alternatively, the Connect Platform may manage your account on your behalf.

Your Connect Platform may choose to allow you to receive payment processing proceeds via settlement into a bank account connected to your debit card(“Instant Payout”). Your Connect Platform will let you know if there is a fee associated with your use of Instant Payouts. If you elect to use Instant Payouts, Stripe will attempt to settle your payment processing proceeds within minutes of receiving your request. Depending on your bank, it may take up to two business days for your payment processing proceeds to settle via Instant Payouts. We and your Connect Platform reserve the right to change or suspend Instant Payouts to you:(i) due to pending, anticipated, or excessive Disputes, Chargebacks, Refunds, or Reversals;(ii) in the event of suspected or actual fraudulent, illegal or other malicious activity; or(iii) where we are required by Law or court order.

4. Relationship to Connect Platforms

As part of your use of Stripe Connect, you understand and agree that Stripe and the Connect Platform will share some Data about you and Activity on your Connected Account. This may include information you provide to create your Connected Account to Stripe or the Connect Platform, or information about transactions submitted by your customers to Stripe. Connect Platforms will never have access to full credit card information provided by your customers. You understand and agree that Connect Platforms and Stripe can share such Data to provide services to you.

The pricing for your use of the Services with a Connect Platform will depend on your agreement with the Connect Platform. Pricing from the Connect Platform may include fees for your use of the Connect Platform’s services that are separate from fees owed for the Services. Stripe will receive fees for your use of the Services. The fees for the Services will not exceed the amounts posted on our web site. In addition, the Connect Platform may charge you fees for the services it provides you. You agree that Stripe will have the right to deduct both Stripe’s fees for Services and the Connect Platform fees specified to us by the Connect Platform. Stripe does not control and is not responsible for Connect Platform fees charged to you, which are based on your agreement with and use of the Connect Platform. All fees charged to you should be made clear to you in your agreement with each Connect Platform.

5. Limitations on Stripe’s Liability

Stripe is not responsible for the acts or omissions of any Connect Platform in providing services to you or your customers, nor is Stripe responsible for your obligations to your customers(including but not limited to properly describing the nature of or delivering the goods or services being sold to your customers). You are solely responsible for, and Stripe expressly disclaims all liability for, your complying applicable laws and obligations related to your provision the goods or services to your customers, or receipt of bona fide charitable donations. This may include providing customer service, notification and handling refunds or consumer complaints, provision of receipts, registering your legal entity, or other actions not related to the Services. You agree to indemnify Stripe for any losses we incur based on your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to your customers.

6. Other General Legal Terms

a. Term, Termination, and the Effects of Termination: The term of this Connected Account Agreement will begin when you register your Connected Account with a Connect Platform and will end when terminated by you or by Stripe, as described in this Connected Account Agreement. You may terminate this Connected Account Agreement at any time by providing notice to Stripe and immediately ceasing your use of Stripe Connect. However, if you commence using Stripe Connect again, you are consenting to this Connected Account Agreement. Stripe may terminate this Connected Account Agreement(a) where you are in breach of this Connected Account Agreement and fail to cure the breach upon 30 days’ notice by Stripe(such notice only being required if curing the breach is feasible);(b) upon 120 days’ notice for any reason;(c) where the Connected Account is the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding; or(d) where required to do so by demand of Financial Services Providers, the Card Networks, or under court or legal order.

Section 5 and all provisions giving rise to continuing obligations will survive termination of this Connected Account Agreement. As stated above, the Stripe Services Agreement governs your use of Services, so the termination of this Connected Account Agreement will not immediately trigger termination of the Stripe Services Agreement. All obligations in the Stripe Services Agreement will only be terminated when done so under the terms and conditions of the Stripe Services Agreement.

b. Governing Law, Disputes, and Interpretation: The provisions of the applicable Stripe Services Agreement governing applicable law(jurisdiction), location of suits and disputes(venue), and any method for dispute resolution are incorporated into this Connected Account Agreement by reference. Headings are included for convenience only, and should not be considered in interpreting this Connected Account Agreement. This Connected Account Agreement does not limit any rights of enforcement that we may have under trade secret, copyright, patent, or other laws. Our delay or failure to assert any right or provision under this Connected Account Agreement does not constitute a waiver of such right or provision. No waiver of any term of this Connected Account Agreement will be deemed a further or continuing waiver of such term or any other term.

c. Right to Amend: Stripe may amend this Connected Account Agreement upon notice to you, which may be provided through email, the Stripe dashboard, and/or Stripe’s web site. You agree that any changes to this Connected Account Agreement will be binding on you within 7 days of such notice. If you elect to not accept the changes to this Connected Account Agreement, you must(a) provide notice to Stripe and(b) immediately cease using Stripe Connect. Where no such notice is provided or where you continue to use Stripe Connect, you agree that you are consenting to any such changes to the Connected Account Agreement.

d. Assignment: You may not assign or attempt to assign this Connected Account Agreement without the express consent of Stripe in advance. While we will generally consent to such an assignment where we consider it reasonable, we are not required to and will deny requests where such an assignment would violate this Connected Account Agreement(such as assignment to a prohibited business) or would pose a material risk to Stripe or our partners.

e. Entire Agreement: This Connected Account Agreement constitutes the entire agreement between you and Stripe with respect to Stripe Connect. Except where expressly stated in a separate agreement duly executed by Stripe, if there is any conflict between this Connected Account Agreement and any other Stripe agreement related to Stripe Connect, this Connected Account Agreement will prevail. Keep in mind, however, that with regard to your use of the Services for your own purposes(i.e. to receive payment for products or services you provide), the Stripe Services Agreement will prevail. These terms and conditions describe the entire liability of you and Stripe, and set forth your exclusive remedies with respect to Stripe Connect. If any provision of this Connected Account Agreement(or portion thereof) is held to be invalid or unenforceable under applicable law, then it should be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Thank you and welcome to Stripe Connect!

Acceptable Use

Pixery is a service designed for anyone with an account to upload artwork and launch their own products to people all over the world. We strive to create a safe and respectful platform of expression on Pixery.

Pixery reserves the right to remove and terminate any campaign based on content concerns that may have a negative impact to the Pixery Community. This includes hate speech, harassment, nudity, violence, or promoting any illegal activity.

We do not allow campaigns that infringe upon the rights of any third party, including in the description, title and url of a campaign, or the text and images featured in the created merchandise. For seller-to-seller disputes on Pixery.

Indemnification

If you do something that gets us sued, you’ll cover us.

To the fullest extent permitted by law, you agree to indemnify and hold harmless Pixery from and against all damages, losses and expenses of any kind(including without limitation reasonable attorneys' fees and costs) arising out of or related to:(a) your breach of this Agreement;(b) your User Content, Your Sites and Your eCommerce;(c) any claims from your End Users; and(d) your violation of any law or regulation or the rights of any third party.

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Dispute Resolution

Before filing a claim against Pixery, you agree to try to work it out informally with us first. All formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Claims can only be brought individually, and not as part of a class action.

Intellectual Property

At Pixery, we focus on quality first. Giving our artist creators the tools to create the very best store and products on the platform. Pixery creators are not allowed to use third party copyrighted works unless they have permission.

Copyright law says that a work has to be"original" to be protected."Original" doesn’t mean innovative."Original" in the legal sense means that the creator didn’t copy anyone else. Under copyright law, you are not entitled to use someone else’s work as a basis for your own. You have to originate your own works, creating them from scratch. For example, in one famous case, a photographer was found to have copied the photograph of another artist even though he used a different model and location. The details of the second photograph were so similar to the first(the look, layout and subject matter) that the court found copyright infringement.

Copyright is intended to strike a balance between freedom to be inspired and protection for those who create. For example, facts are not covered by copyright. Utilitarian works, such as instructions or recipes, are not covered. Everyone is free to use ideas and information. Copyright only extends to the unique expression of ideas, not the idea itself.

Copyright is not intended to limit sharing of ideas and does not cover the underlying idea itself. So the painter of a landscape can’t stop other people from painting landscapes. They can only stop other artists from using their specific painting as a basis for another work.

Though copyright does not cover ideas, to the extent the idea can be expressed in many different ways, each expression will be protected by copyright. But the components of expression, such as individual words and phrases or individual shapes and design elements, are not protected. The expression has to extend beyond the individual components. The simpler the design, the less protection provided by copyright.